Civilian and English Influences on Scots Criminal Law

Christopher Gane

in A Mixed Legal System in Transition

Published by Edinburgh University Press

Published in print July 2005 | ISBN: 9780748623358
Published online March 2012 | e-ISBN: 9780748651467 | DOI:
Civilian and English Influences on Scots Criminal Law

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This chapter examines the sources of Scottish criminal law, both past and present. In his Short Commentary, having noted the views of various writers and judges, Smith makes three claims: that ‘the Roman association’ played a major role in the development of Scots criminal law; that Civilian influences helped to maintain the independence of Scots criminal law, and the increasing English influence in the post-Hume period. The chapter attempts to evaluate these claims, having regard to the historical development of the substantive criminal law.

Keywords: Scots law; English law; criminal law; civil law

Chapter.  10146 words. 

Subjects: History of Law

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